TO: RE: I. RECOMMENDATION II. INVESTIGATIVE FINDINGS

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1 TO: FROM: RE: Members of the Local 377 Executive Board Members of the Independent Review Board Proposed Charges Against Local 377 Member David P. Mangine DATE: September 10, 1998 I. RECOMMENDATION The Independent Review Board (IRB) refers the below report to the Local 377 Executive Board for the purpose of initiating charges against Local 377 member David P. Mangine ("Mangine") for refusing to cooperate with the IBB by failing to appear for a sworn examination on June 25, By his conduct, it appears that while an IBT member, Mangine violated Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2) and Section 14(i) of the IBT Constitution by obstructing, interfering and unreasonably failing to cooperate with the duties of the IRB as set forth in Paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.). II. INVESTIGATIVE FINDINGS Mangine, date of birth April 15, 1964, is a member of IBT Local 377 located in Youngstown, Ohio. (Exs. 1 and 2) A signed application card in Mangine's name was submitted to Local 377 on April 22, (Ex. 1) Local 377 dues records reflected that Mangine's dues were paid through June (Ex. 2) Mangine is listed as one of two Local 377 members employed at Butch and McCree Paving Company ("Butch & McCree)

2 located in Hillsville, Pennsylvania. (Ex. 3) Local 377 was unable to provide a collective bargaining agreement with Butch andmccree. (Ex. 11) According to Pennsylvania public records available on LEXIS, the registered agent for Butch and McCree is Michael Mangine. (Ex. 4) On June 4, 1998 a Notice of Sworn Examination was sent via express mail return receipt requested to Mangine at his address listed in Local 377 records. (Exs. 5 and 6) The notice scheduled his sworn examination for June 17, 1998 in Pittsburgh, Pennsylvania. (Ex. 5) The return receipt card for the sworn examination notice was signed by Lillian Mangine and was returned undated. (Exs. 5 and 6) On June 17, 1998, without explanation, Mangine failed to appear for his sworn examination. At the sworn examination, the Chief Investigator planned to question Mangine about his Local 377 membership, his employment at Butch and McCree and whether Mangine had contact with any organized crime figures. On June 17, 1998 another sworn examination notice was sent via express mail return receipt requested to Mangine at the address listed in Local 377 records. (Ex. 7) This notice scheduled Mangine's sworn examination for June 25, 1998 in Cleveland, Ohio. (Ex. 7) The return receipt card for the second sworn examination notice was signed by Lillian Mangine and was dated June 18, (Ex. 8) Without explanation, Mangine failed to appear on June 25, 1998 for his sworn examination. (Ex. 9) On July 27, 1998 an IRB Special Investigator tried to telephone Mangine at his residence without success. (Ex. 10) The

3 IRB Special Investigator then called Mangine at Butch and McCree located in Hillsville, Pennsylvania. A message was left for Mangine at Butch and McCree to call the IRB Special Investigator.* No return call was received. (Ex. 10) On July 29, 1998 the IRB Special Investigator again attempted to contact Mangine via telephone at his residence without success. The IRB Special Investigator then telephoned Butch and McCree and left a message for Mangine to call the Chief Investigator's office.^ Later that day, Mangine called and left a mobile phone number. The Special Investigator returned the call and spoke with Mangine. Mangine stated that his mother, Lillian, signed for the express mail letters scheduling his sworn examinations. Mangine acknowledged that she gave him the letters. (Ex. 10) Mangine stated that he was confused by the notices because he is not a member of the IBT. Mangine stated that he did not appear because "he didn't know what it was about." He stated * An unidentified woman who answered the phone at Butch and McCree asked which David Mangine the IRB Special Investigator wanted to speak to. When she was told David P. Mangine she responded that he was out on the road at the time and noted that he usually was not in the office. (Ex. 10) ^ When the woman who answered the telephone at Butch and McCree was told that the Special Investigator wanted to speak to Mangine, she stated that "they had been out of the office for several days due to a death in the family, but they were back now." The woman who answered the telephone acknowledged she was related to David P. Mangine, claimed she was not his wife and did not volunteer the nature of her relationship with him. She stated that he was out on the road and she would ensure that the message to call the Chief Investigator's office was brought to Mangine's attention. (Ex. 10) 3

4 that he previously worked at Butch and McCree, but no longer was employed at that company. Later in the conversation, Mangine stated that he occasionally filled in as a driver at Butch and McCree. Mangine stated that he did not recall filling out an application for membership with Local 377 and was unaware that dues were being paid in his name stating "I don't know why they [Butch and McCree] would do that for me." Mangine stated that if he received another notice to appear for a sworn examination, he would not appear. (Ex. 10) III. PROPOSED CHARGE Based on the foregoing, it is recommended that David P. Mangine be charged as follows: While a member of IBT Local 377, you brought reproach upon the IBT in violation of Article II, Section 2(a) and Article XIX, Section 7(b)(1) and (2), and Section 14 (i) of the IBT Constitution and obstructed, interfered and unreasonably failed to cooperate with the duties of the Independent Review Board as set forth in paragraph G of the March 14, 1989 Consent Decree in United States v. International Brotherhood of Teamsters. 88 Civ (S.D.N.Y.), to wit: On June 25, 1998, you willfully and without justification refused to appear for your sworn in-person examination pursuant to Paragraph H.3 (C) of the Rules and Procedures for Operation of the Independent Review Board for the International Brotherhood of Teamsters. 4

5 Ex. 1 Ex. 2 Ex. 3 Ex. 4 EXHIBITS TO REPORT REGARDING DAVID P. MANGINE Application for Membership for David P. Mangine with Local 377 dated April 22, 1987 Local 377 Dues Printout for David P. Mangine Local 377 Membership Roster for Butch and McCree Paving LEXIS Printout for Butch and McCree Paving Ex. 5 Notice of Sworn Examination dated June 4, 1998 Ex. 6 Undated signed Registered Mail Receipt Ex. 7 Amended Notice of Sworn Examination dated June 17, 1998 Ex. 8 Signed Registered Mail Receipt dated June 18, 1998 Ex. 9 Court Reporter statement of failure to appear by David P. Mangine on June 25, Ex. 10 Memorandum of Special Investigator Joseph W. Vidovich dated July 29, Ex. 11 Memorandum of Special Investigator Joseph W. Vidovich dated September 9,

6 Chief Investigator: Charles M. Carberry, Esq. 17 Battery Piace, Suite 331 New York, NY Administrator: John J. Cronin, Jr. lm'h)'t.\t<t.\i KKV1EW BOARD 444 North ( aput.t Street, NW, Suite 528 Washington. DC (2< tj) 4^ Karsmute (202) CorrupUon Hotline (800) CALL IRB VIA UPS OVERNIGHT January 26, ) Board Members: Grant Crandall, Esq. Crandall, Pyles, Haviland & Turner 122 Capitol Street, Suite 300 Charleston, WV Frederick B. Lacey, Esq. LeBoeuf, Lamb, Greene & MacRae One Riverfront Plaza Newark, NJ William H. Webster, Esq. Milbank, Tweed, Hadley & McCloy 1825 Eye Street, NW, Suite 1100 Washington, DC Gary M. Tiboni, President Joint Council Carey Drive Valley View, OH Re: Decision on Charges against Local 377 Member David P. Manaine Dear Mr. Tiboni: The Independent Review Board has reviewed your December 29, 1998, decision in the above-captioned matter, and finds the decision to be not inadequate. Very truly yours, cc: John M. Masters, Esq. David L. Neigus, Esq. Patrick J. Szymanski, Esq. Pursuant to the Consent Order of the United States District Court, S.D.N. Y United States -v- International Brotherhood of Teamsters 88 CIV 4486 (DNE)

7 l^/ztj/i'r^h id: 03 klb^^l^h/m MASTERS AND ASSOC PAGE 82 MASTERS & ASSOCIATES A LBOAL PROFESSIONAL. ASSOCIATMN i300batoncentbr:.-lift SUPBMOR CLBVBLAND,OHM44!i4*(2!4}-77i-i430'R<LXB December 29,1998 VHAFAXNO* (201) &REGULARUSMA1L Mr. John Converse Independent Review,Board 444 North CentralSt.,N.W-., Suite 528 Washington, D.C ; - ' ' ' Re: ; Umon'No. 377, D^d-MhtitsgBie^' * TeamstersLocal Union No. 307, Ten'enceFreeman Teamster Local Union No. 100, William Wright and V incent Lasita Dear John:. '..'_.': Please find enclosed a copy of the decision adopted by the Executive Board of joint Council No. 1 pertaining to the Article XIX charges against Local 377 member David Mangine. As we discussed tills morning, the Joint Council No. 1 Executive Board will be polled tomorrow on^e decisions pertaining' l^,thp.aricie.-xek 'charges Hied against Local 507 membe; Teoreace. Freeinsn and Local 1,00 members William Wiight and Vincent Lasita. I will Rxward ^EvL'nih Enclosure cc: Mr.OaryM. Tiboni

8 INTERNATIONAL BROTHERHOOD OF TEAMSTERS TEAMSTERS JOINT COUNCIL NO. 1 VALLEY VIEW, OHIO IN THE MATTER OF ARTICLE XIX CHARGES CHARGING PARTIES: Michael Schaffer Anthony Cordova Robert Weirick Douglas Grant Paul Jones Nick DePizzo CHARGED PARTY David Mangine CASE NO PANEL MEMBERS: Richard Carson, Chairman Teamsters Loca! No. 336 John Banno Teamsters Local No. 436 Kevin Wyler Teamsters Local No. 510 PANEL REPORT AND RECOMMENDATION Introduction On November 13,1998, this Panel conducted a hearing to determine whether David Mangine violated Article XIX of the Constitution of the International Brotherhood of Teamsters. At the hearing, the Panel marked two exhibits. Panel Exhibit 1 was the letter notifying the parties of the date, time and place of the hearing and Panel Exhibit 2 contains the Article XIX charges made against the Charged Party, David Mangine, by the Charging Parties, who are members of the Executive Board of Teamsters Local Union No The charges read as follows: The undersigned members of the Executive Board of Local 377 hereby charge Brother David Mangine with violating Article XIX of the IBT Constitution as follows: As a member of Local 377, Brother Mangine brought reproach upon the IBT in violation of Article II, Section 2(a) and Article XIX,

9 12/15/1998 tl:41 ' B MASTERS AND ASSOC PAGE 83/33 (Panel Exhibit 2.) Section 7(b)(1) and (2) and 4(i) of the 1ST Constitution and obstructed, interfered and unreasonably failed to cooperate with the duties of the Independent Review Board as set fbfth in paragraph G of the Consent Decree in United States v. International Brrnhfrnntif? 6fTeam3tcrs, 88 Cir (S.P.N.Y.), ^.jgdt. On June 23, 199S, Brother Mangine wiiiuhy, and without justification, refused to appear for a sworn, in-person examination pursuant to H. 3(c) of the Rules and Procedures ior operation of the Independent Review Board for the International Brotherhood of Teamsters. The Charged Party did not attend the hearing. Brother SchaSer presented die case of the Charging Party at the hearing and ohered Charging Party Exhibits 1 through 12. Charging Parly Exhibits 1-11 is the Independent Review Board Investigative Report and Charging Party Exhibit 12 is the 181 Constitution. These exhibits were admitted to the wcord. Based upon a review of the complete record, this Panel recommends that the charges be sustained and that the Charged Party be permanently expelled from membership in the Teamsters. JOHN BANNO KEVIN WYLER

10 MAS1ERS WD assoc HU.lbJ P. PASE 33/93 (Panel Exhibit 2.) Section 7(b)(1) and (2) and 4(i) of At IBT Constitution and obstructed, interfered and unrea3oaab!y failed to eoopeyate ssith the duties of the Independent Review Board as set forth in paragraph G of the Consent Decree in United States v.tntema&onal ^mt^er^^ ofteamsters. gg Cir. 44S6 (S.D.N.Y.), to^ On June 23, 1998, Brother Maagine wilfully, am without j^stts&ation, refused to appear for & sworn, in-person examination pursuant to H. 3(c) of the Rules and Procedures ibr operation of Hie Indspendsnt Review Board for the Meoistiocai Brotherhood of Teamsters. The Chatged Party did not attend (he heating. Brother Schafter prsseot&d the case of (ha Charging Party at the hearing and usbnxi Charging Patty Exhibits 1 Through 12. Charging Party Exhibits 1-11 is the Independent Review Board Investigative Report and Charging Party Exhibit 12 is the IBT Constitution. These exhibits were ad-nutted to the record. Based upoa a review of the complete record, this Panel reconnnends that the charges be sustained and thai the Charged Parly be permanently expelled &om membership in the Teamsters. RICHARD CARSON KEVIN WYLER -2-

11 (Panel Exhibit 2.) Section 7(b)(1) and (2) and 4(i) of the IBT Constitution and obstructed, interfered and unreasonably failed to cooperate with the duties of the Independent Review Board ay set forth in paragraph G of the Consent Dewe in UniMd States v. International ^T^Rfh^^ of Teamster^. S3 Cir, 4436 (S.D.N.Y-), to wit. On June 25, 199$, Brother Mangine wilfblly, and without justification, rea^ed to appear a sworn, in-person examination pursuant to H. 3(c) of the Rules and Procedures for operation of the Independent Review Board for the International Brotherhood of Teamsters. The Charged Party did not attend the hearing. Bmther Schaf&r presented the case of the Charging Party at the hearing and offered Charging Party Exhibits 1 through 12. Charging Party Exhibits 1-11 is the Independent Review Board Investigative Report and Charging Party Exhibit 12 is the IBT Constitution. These exhibits were admitted to the record. Based upon a review of the complete record, this Panel recommcnds that the charges be sustained and that the Charged Party be pennanently expelled Rom membership in the Teamsters. RICHARD CARSON IOHNBANNO